During Administrative License Revocation proceedings, a driver who incurred an administrative license revocation due to their DWI arrest may challenge the revocation to regain limited driving privileges.
It’s important to bear in mind that an ALR hearing is a civil matter, not a criminal matter. That means the outcome of an ALR hearing has no impact on the outcome of one’s criminal proceedings or the DWI charges against them.
DWI Arrests & License Revocation
Like many other states, Texas has an implied consent law. This law means that upon receiving a Texas driver’s license, the driver agrees to submit breath, blood, and/or urine samples for substance testing when arrested for DWI.
If any driver refuses to provide such a sample, the state revokes their driver’s license 40 days after providing notice of the pending suspension. The same outcome may occur when a driver submits a sample, but investigators find a blood alcohol content (BAC) level of 0.08 or greater.
Police officers confiscate the driver’s license upon serving the notice and issue a temporary driving permit that lasts until the suspension goes into full effect or after the ALR hearing occurs.
How Long Do Administration License Revocations Last?
As far as the administrative revocation of a driver’s license is concerned, the state may suspend the license of someone who refused to test for up to 180 days; when someone submitted to a test but failed, they may incur a 90-day suspension if this is their first offense.
These administrative penalties occur independently – and may differ from – any criminal penalties issued by a judge after a DWI conviction.
Can I Challenge an Administrative License Revocation?
Yes! Drivers only have 15 days from the date of the notice of the pending suspension to request an ALR hearing. After this period passes, drivers subjected to a license revocation will be unable to drive legally under any circumstances.
How Can an Attorney Help Me During My ALR Hearing?
If you wish to appeal the revocation of your driver’s license after a DWI arrest, an attorney can help you organize and argue your appeal.
Remember that this is a legal matter separate from any criminal proceedings that may also arise due to your DWI arrest. That also means the ALR court proceedings will look much different when compared to criminal proceedings, and the standard of proof necessary to maintain or reverse the revocation of your license is much lower.
Your attorney can help you through all of this, however. From gathering and presenting evidence to cross-examining witnesses and more, hiring a legal advocate to represent you can help you prevail in your ALR appeal. If your ALR appeal succeeds, the suspension on your driver’s license is lifted and you may legally drive.
What Happens If I’m Acquitted of My DWI Charges?
While the outcome of the ALR hearing has no impact on your DWI case, the outcome of the latter can affect your driving privileges. If you were acquitted of your DWI charges, the state should cancel any suspension of your license caused by the relevant DWI arrest.
This means that even if your ALR appeal fails, you can have your driving privileges restored if you are not convicted of the DWI charges against you.
Contact Us for Legal Assistance
At Alband, Lane & Balderrama, we understand that a DWI arrest can present various stressful circumstances. That’s why our experienced attorneys are prepared to represent you in both criminal proceedings and ALR hearings to help you protect your rights and driving privileges.
Our legal team has the knowledge and skill to navigate you through these complex processes. We can assess the details of your case and determine if any procedural errors have occurred or if there is any other relevant evidence that can be used in the hearing to help strengthen your defense.
For more information about how we can help, contact us online to request an initial consultation.